People v. Jenkins

Decision Date26 June 1980
Citation409 N.E.2d 944,50 N.Y.2d 981,431 N.Y.S.2d 471
Parties, 409 N.E.2d 944 The PEOPLE of the State of New York, Respondent, v. William JENKINS, Appellant.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 69 A.D.2d 1022, 414 N.Y.S.2d 948, should be affirmed.

It was permissible to join the two robberies in a single indictment because the offenses were "the same or similar in law" (CPL 200.20, subd. 2, par. (c)). The defendant's motion to sever was addressed to the trial court's discretion (CPL 200.20, subd. 3). On this record it cannot be said that the court abused its discretion as a matter of law in denying the defendant's motion for a severance.

COOKE, C. J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER, JJ., concur.

Order affirmed in a memorandum.

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  • People v. Estevez
    • United States
    • New York City Court
    • January 6, 1995
    ...disposition of criminal cases will not be tolerated (id., at 8, 451 N.Y.S.2d 6, 436 N.E.2d 456). (See also, People v. Jenkins, 50 N.Y.2d 981, 431 N.Y.S.2d 471, 409 N.E.2d 944 [1980].) The Court of Appeals held in People v. Shapiro, 50 N.Y.2d 747, 431 N.Y.S.2d 422, 409 N.E.2d 897 [1980] that......
  • People v. Barnett
    • United States
    • New York Supreme Court — Appellate Division
    • February 18, 2015
    ...consequently are the same or similar in law” (People v. Richardson, 235 A.D.2d 502, 503, 653 N.Y.S.2d 602 ; see People v. Jenkins, 50 N.Y.2d 981, 431 N.Y.S.2d 471, 409 N.E.2d 944 ; People v. Allah, 283 A.D.2d 436, 725 N.Y.S.2d 659 ). The defendant failed to show that he would be unduly prej......
  • People v. Barnett
    • United States
    • New York Supreme Court — Appellate Division
    • February 18, 2015
    ...consequently are the same or similar in law” ( People v. Richardson, 235 A.D.2d 502, 503, 653 N.Y.S.2d 602; see People v. Jenkins, 50 N.Y.2d 981, 431 N.Y.S.2d 471, 409 N.E.2d 944; People v. Allah, 283 A.D.2d 436, 725 N.Y.S.2d 659). The defendant failed to show that he would be unduly prejud......
  • People v. Richardson
    • United States
    • New York Supreme Court — Appellate Division
    • January 21, 1997
    ...are defined by the same or similar statutory provisions and consequently are the same or similar in law (see, People v. Jenkins, 50 N.Y.2d 981, 431 N.Y.S.2d 471, 409 N.E.2d 944; People v. Prezioso, 199 A.D.2d 343, 604 N.Y.S.2d 256; People v. Whethers, 191 A.D.2d 526, 594 N.Y.S.2d 351; Peopl......
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